property reviewer recit guide - usufruct

7/27/2019 Property Reviewer Recit Guide - Usufruct

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USUFRUCT

Usufruct in General

ARTICLE 562

Usufruct gives a right to enjoy the property of another with the obligation of preserving

its form and substance, unless the title constituting it or the law otherwise provides

Illustration:

If a party has a usufruct in a real estate property, he or she has the full right to use it or rent

it out and collect the rental income without sharing it with the actual owner, as long as the

usufruct is in effect

Definition:

Usufruct is the right to enjoy the property of another, with the obligation of preserving

its form and substance, unless the title constituting it or the law provides otherwise

Paras, Civil Code Volume II Property)

A legal right (real right) accorded to a person or party that confers a temporary right to use

and derive income of benefit from someone elses property. Usufruct is usually conferred for a

limited period or until death. While the usufructuary has the right to use the property, he or

she cannot damage or destroy it, or dispose the property (investopedia)

Elements1

Essential Natural (present unless thecontrary is stipulated)

Accidental (present or absentdepending on stipulation ofparties)

1. It is a REAL RIGHT

2.

It is of TEMPORARYNATURE

3. Its purpose is to ENJOYTHE BENEFITS and deriveall the advantages from theobject as a consequence of

Obligation of conserving

or preserving the formand substance (value) ofthe thing

1. Pure or conditional

usufruct2.

The number of years3. Whether is it in favour

of one or several

1Paras, Civil Code Volume 2 - Property

NORMAL USE orEXPLOITATION

Notes:

Real or personal property as well as rights (as long as it is not strictly personal and

intransmissible, and as long as it has an independent existence) may be an object of

usufruct2

The usufructuary has the right of action to: (1) protect the usufruct itself and (2) the

exercise of the usufruct.3

ARTICLE 563

Usufruct is constituted by law, by the will of private persons expressed in acts inter

vivos or in a last will and testament, and by prescription

ExplanationArticle 563 provides the classification of usufructs as to ORIGIN

Classifications4

Legal (created by law) Voluntary (orConventional)

Mixed (or prescriptive)

Example Usufruct ofparents over property oftheir unemancipatedchildren (Article 321)

1.

Created by will ofparties intervivos(as by contract ordonation)

2.

Created mortiscausa (as in thethe last will ortestament)

Created both by law andact of a person

2Ibid.3Ibid. 24Ibid. 3


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ARTICLE 564

Usufruct may be constituted on the whole or the part of the fruits of the thing, in

favour of one or more persons, simultaneously or successively, and in every case from or

to a certain day, purely or conditionally. It may also be constituted on a right, provided

it is not strictly personal or transmissible

Explanation: Article 564 provides the classification of usufruct according to

(1)

quantity or extent of the fruits or object(2)

number of persons enjoying the right

(3)

quality and kind of objects involved

(4) terms and conditions

According to quantity or extent of the fruits orobject

As to fruits (depending on the amount of fruitsgiven)

-

Total or partial

As to object-

Universal (over entire patrimony) orparticular (only individual things areincluded)

Number of person enjoying the right Simple

-

One usufructuary enjoysMultiple-

Several usufructuary enjoys eithersimultaneously (at the same time) orsuccessively (one after the other)

Quality and kind of objects involved Usufruct over rightsUsufruct over things

- Normal Usufruct involves non-consumable things were form andsubstance is preserved

- Abnormal (quasi-usufruct) involvesusufruct over consumable property orover non-consumable things whichgradually deteriorate by use

Terms and conditions Pure usufruct-

No terms or conditionUsufruct with a term or period

- Ex die (from a certain day)-

In diem (up to a certain day)- Ex die in diemfrom a certain day up

to a certain dayUsufruct with a condition

ARTICLE 565

The rights and obligations of the usufructuary shall be those provided in the title

constituting the usufruct; in default of such title, or in case it is deficient, the provisions

contained in the two following Chapters shall be observed

This article lays down what rules shall govern a usufruct

First, the agreement of the parties or the title giving the usufruct then second, in case

of deficiency, the rules provided in the civil code shall govern. In case of conflict betweenthe rights granted by a virtue of a will, and codal provisions, the former, unless

repugnant to mandatory provisions of the Civil Code, should prevail (Fabie vs.

Gutierrez David)

Rights of the Usufructuary

Article 566right to fruits, stranger to hidden treasures

Article 566 of the New Civil Code provides that The usufructuaryshall be entitled to

all the natural, industrial, and civil fruits of the property in usufruct. With respect to

hidden treasure which may be found on the land or tenement, he shall be considered a

stranger

Hidden treasures are understood, for legal purposes as, any hidden and unknown

deposit of money, jewelry, or other precious objects, the lawful ownership of which does

not appear

Notes:

Products that diminish the capital cannot be considered fruits unless the contrary

intent between parties is clear5

The usufructuary, not being the land owner, is not entitled as an owner but a finder (1/2

share) if he is a finder. (Paras quoting Manresa, Civil Code Volume II Property)

Article 567Pending natural or industrial fruits

Article 567 of the New Civil Code provides that Natural or industrial fruits growing at

the time the usufruct begins, belong to the usufructuary. Those growing at the time the

usufruct terminates, belong to the owner. In the preceding case, the usufructuary, at

the beginning of the usufruct, has no obligation to refund to the owner any expenses

incurred; but the owner shall be obliged to reimburse at the termination of the usufruct,

5Ibid 4


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from the proceeds of the growing fruits, the ordinary expenses of cultivation, for seed,

and other similar expenses incurred by the usufructuary. The provisions of this article

shall not prejudice the rights of third persons acquired either at the beginning or at the

termination of the usufruct

This article refers to pending natural or industrial fruits. It is worth taking note that

there are no pending civil fruits for they accrue daily.

Rules on pending natural or industrial fruits

Fruits pending at theBEGINNING of theUSUFRUCT

Fruits pending at theTERMINATION ofUSUFRUCT

As to the owner According to Article 567,fruits pending at thebeginning of the usufructbelongs TO THEUSUFRUCTUARY

According to Article 567,fruits pending at end of theusufruct belongs TO THEOWNER

Reimbursement/Refund There is no necessity ofrefunding the owner for theowner gave the usufructevidently without anythought of being reimbursedfor the pending fruits orbecause the value of saidfruit has already been takenin consideration in fixing theterms and conditions of theusufruct

The owner must reimburseTHE USUFRUCTUARY forordinary cultivation expenses,for the seeds and othersimilar expenses from theproceeds of the fruits(PARAS, Civil Code VolumeII Property)

Regarding 3rdperson No prejudice to the right ofthird persons (If the fruitshad been planted by apossessor in good faith, thepending crop expenses andcharges shall be pro-ratedbetween possessor and the

usufructuary (PARAS citingManresa, Civil Code VolumeII Property)

Rights of third parties shouldnot be prejudiced

Article 568Rule when usufructuary leases property to another (related article 572)

If the usufructuary has leased the lands or tenements given in usufruct, and the

usufruct should expire before the termination of the lease, he or his heirs and

successors shall receive only the proportionate share that must be paid by the lessees

This article refers to the rule when usufructuary leases property to another

According to article 572, the lease executed by the usufructuary should terminate at the

end of the usufruct except in the case of rural lands, which in said case, if the usufruct

ends earlier that the lease, the lease continues for the remainder of the agricultural

year

Article 569Rule regarding ownership and accrual of civil fruits

Civil fruits are deemed to accrue daily, and belong to the usufructuary in proportion to

the time the usufruct may last

Since civil fruits accrue daily, article 567 cannot be applied to civil fruits.

Article 570

Whenever a usufruct is constituted on the right to receive a rent or periodical pension,

whether in money or in fruits, or in the interest on bonds or securities payable to

bearer, each payment due shall be considered as the proceeds of fruits of such right.

Whenever it consists in the enjoyment of benefits accruing from a participation in an

industrial or commercial enterprise, the date of the distribution of which is not fixed,

such benefits shall have the same character. In either case they shall be distributed as

civil fruits, and shall be applied in the manner prescribed in the preceding article

Notes: The things considered in article 570 are considered civil fruits and shall be

deemed to accrue proportionately to the naked owner and usufructuary, for the time the

usufruct lasts

In Orozco and Alcantara vs Araneta, the Court has ruled that both stock dividends and

cash dividends are civil fruits. The same rule should apply to profits of a partnership

(Paras, Civil Code Volume II Property)

Rent are considered as part of proceeds to property and therefore should belong to the

usufructuary during the duration of the usufruct (Paras, Civil Code Volume II Property)


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Article 571

The usufructuary shall have the right to enjoy any increase which the thing in usufruct

may acquire through accession, on the servitudes established in its favour, and, in

general, all the benefits inherent within

The usufruct, aside from the rights of the fruits also has the rights to the enjoyment of

accessions servitudes and easements, and all benefits inherent in the property because

the usufruct is entitled to the entire jus fruendi and just utendi. (Paras, Civil Code

Volume II Property)

Article 572

The usufructuary may personally enjoy the thing in usufruct, lease it to another, or

alienate his right of usufruct, even by a gratuitous title; but all the contracts he enter

into as such usufructuary shall terminate upon the expiration of the usufruct, saving

leases of rural lands, which shall be considered subsisting during the agricultural year

According to article 572 of the New Civil Code, the usufructuary has the right to

personally enjoy the thing or lease it to another.

The usufructuary may lease the property even without the owners consent. Moreover,

ordinarily the lease must not extend to a period longer than that of the usufruct, unless

the owner consents. Thus, the lease ends at the time the usufruct ends, except in cases

of rural leases)

The usufructuary may alienate, plede or mortgae the usufructuary right (but he cannot

pledge or mortgage the thing itself because he does not own such thing) (Paras, Civil

Code Volume II Property)


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Reference Cases:

Article 573Abnormal usufruct on things that deteriorate

Whenever the usufruct includes things which, without being consumed, gradually

deteriorate through wear and tear, the usufructuary shall have the right to make use

thereof in accordance with the purpose for which they are intended, and shall not be

obliged to return them at the termination of the usufruct except in their condition at

that time; but he shall be obliged to indemnify the owner for any deterioration they may

have suffered by reason of his fraud or negligence

This article deals with an abnormal or imperfect usufruct.

An abnormal usufruct involves usufruct over consumable property or over non-consumable things

which gradually deteriorate by use. While all things deteriorate, some things deteriorate faster

than others. (such as clothes, furniture, carriages, vehicles, computers, copiers, or books)

Effect of deterioration on the usufructuarys liability

The thing deteriorated because ofNORMAL USE

Effect: the usufructuary IS NOTRESPONSIBLE. He can return them INTHE CONDITION THEY MIGHT BE INat the termination of the usufruct. Thereis NO NECESSITY FOR HIM TO MAKEREPAIRS to restore them to their formercondition


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Deteriorated BECAUSE OF AN EVENTTHAT ENDAGERS THEIRPRESERVATION

The usufructuary is REQUIRED TOMAKE NECESSARY OR ORDINARYREPAIRS even though there was no faultor negligence or fraud on his part

Deteriorated because of FRAUD The USUFRUCTUARY ISRESPONSIBLE (such liability mayhowever be set off against improvements)

Article 574abnormal usufruct on consumable things (quasi usufruct)

Whenever the usufruct includes things which cannot be used without being consumed,

the usufructuary shall have the right to make use of them under the obligation of

paying their appraised value at the termination of the usufruct, it they were appraised

when delivered. In case they were not appraised, he shall have the right to return the

same quantity and quality, or pay their current price at the time the usufruct ceases

An abnormal usufruct involves usufruct over consumable property or over non-consumable things

which gradually deteriorate by use. This is referred to as a quasi-usufruct because the form and

substance is not really preserved.

Rules on quasi usufructThe usufructuary can use them but at the end of the usufructuary, he

must pay the appraised value or, if there was no appraisal, return the same kind, quality or

quantity or pay the price c urrent at the termination of the usufruct.

Article 575Usufruct on fruit-bearing trees and shrubs

The usufructuary of fruit-bearing trees and shrubs may make use of the dead trunks and even of

those cut off or uprooted by accident, under the obligation to replace them with new plants

Note to self: refer to this special usufruct through its codal provision

FYI: Other special usufructs

- Periodical pension, income, dividends Art. 570)

- Of woodland 577)

- Of right of action recover real property, real right, or movable property 578)

- Of part of property owned in common 582)

- Of entire patrimony of a person 598)

-

On a mortaged immovable 600)

-

On a flock or herd of livestock 591)

ARTICLE 576Effect of a calamity on trees and shrubs

If in consequence of a calamity or extraordinary event, the trees or shrubs shall have disappeared

in such considerable number that it would not be possible or it will be too burdensome to replace

them, the usufructuary may leave them dead, fallen or uprooted trunks at the disposal of the

owner, and demand that the latter remove them and clear the land.

ARTICLE 577Special usufruct over a woodland

The usufructuary of woodland may enjoy all the benefits which it may produce according to its

nature.

If the woodland is a copse or consists of timber for building, the usufructuary may do such ordinary

cutting or felling as the owner was in the habit of doing, and in default of this, he may do so in

accordance with the custom of the place, as to the manner, amount and season.

In any case the felling or cutting of trees shall be made in such manner as not to prejudice the

preservation of the land.

In nurseries, the usufructuary may make necessary thinnings in order that the remaining trees

may properly grow.

With the exception of the provisions of the preceding paragraphs, the usufructuary cannot cut

down tres unless it be to restore or improve some things in the usufruct, and in such cse shall first

inform the owner of the necessity of the work

ARTICLE 578Usufruct of an action to recover through the courts

The usufructuaryof an action to recover real property or a real right, or any movable

property, has the right to bring the action and to oblige the owner thereof to give him


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the authority for this purpose and to furnish him whatever proof he may have. If in

consequence of the enforcement of the action he acquires the thing claimed, the usufruct

shall be limited to the fruit, the dominion remaining with the owner.

To bring action, the usufructuary can demand from the owner (a) authority to bring the

action and proofs needed for a recovery

Institution of the Action (Paras, Civil Code Volume II Property citing Rules of Court,

Article 578 and Pascual vs Angeles)

The action may be instituted in the usufructuarys name for being the owner of the

usufruct, he is properly deemed a real party in interest. If he purpose is the recovery of

the property or right, he is still required to obtain the naked owners authority. If the

purpose is to object to or prevent disturbance over the property (once the property is

given him), no special authority from the naked owner is needed.

When judgement is awarded him and he gets the property: (a) its naked ownership

belongs to the owner; (b) its usufruct belongs to him

ARTICLE 579Usueful and Luxurious Improvements

The usufructuary may make on the property held in usufruct such useful

improvements or expenses for mere pleasure as he may deem proper, provided he does

not alter its form or substance; but he shall have no right to be indemnified therefor. He

may, however, remove such improvements, should it be possible to do so without

damage to the property

According to Article 579 of the New Civil Code, the usufructuary has the right to make

useful improvements and luxurious improvements. However, he must not alter the form

or substance of the property held in usufruct. He is also not entitled to a refund but he

may either remove the improvement if there is no substantial damage to the property or

set off he improvements against the damages for which he is liable in accordance to

Article 580 of the New Civil Code.

While a possessor in good faith is entitled to a refund for useful improvements, a

usufructuary is not. (Rivera vs. Trinidad)


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Article 580Right to set-off improvements

The usufructuary may set off the improvements he may have made on the property

against any damage to the same

According to Paras, there are two rules to follow in setting off the improvements to

property against any damage: (1) If the damage exceeds the value of the improvements,

the usufructuary is still liable for the difference (2) If the value of the improvements

exceeds the damage, the difference does not goes to the usufructuary, but accrues

instead in the absence of a contrary stiupalation in favour of the naked owner,otherwise, it is as if the usufructuary would be entitled to a partial refund in cash.

Before a set-off can be made, it is required that the damage must have been caused by

the usufructuary and that the improvements have augmented the value of the property

Article 581

The owner of the property the usufruct of which is held by another, may alienate it, but

he cannot alter its for or substance, or do anything thereon which may be prejudicial to

the usufructuary

The owner has jus disponendi and the title. He may therefor alienate the property,

when the usufruct is being held by another, but may not alter its form or substance or

do anything prejudicial to the usufructuary

Article 582Usufrutuary of a Part of Common Property

The usufructuary of a part of a thing held in c ommon shall exercise all the rights

pertaining to the owner thereof with respect to the administration and the collection of

fruits or interest. Should the co-ownership cease by reason of the division of the thing

held in common, the usufruct of the part allotted to the co-owner shall be long to the

usufructuary

A co-owner may give the usufruct of his share to another, even without the consent of

the others, unless personal considerations are present. The usufructuary then takes theowners place as to theadministration and collection of fruits or interests.

If there be a partitition, the usufructuary continues to have the usufruct of the part

allotted to the co-owner concerned (Article 582).

OBLIGATIONS OF THE USUFRUCTUARY

Article 583- Obligation of the usufructuary regarding the inventory and security

The usufructuary, before entering upon the enjoyment of the property is to obliged:

(1)

To make, after notice to the owner or his legitimate representative an

inventory of all the property, which shall contain an appraisal of the movables

and description of the condition of the immovable;

(2)

To give security, binding himself to fulfil the obligations imposed upon him in

accordance with this chapter

Article 583 speaks of 2 obligations of a usufructuary. One is inventory and the other is

security. They are not necessary however before the right to usufruct begins; they are

merely necessary before physical possession and enjoyment of the property can be had.


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The purpose of giving security before entering upon the property to be enjoyed in the

usufructuary is to insure faithful compliance of duties of the usufructuary (PARAS,

Civil Code Volume IIProperty)

Security is not required in the following circumstances: (1) when no one will be injured

thereby (2) when there is waiver by the naked owner or there is a stipulation in the will

or the contract (3) when the usufructuary is the donor of the property (4) when there is

parental usufruct not as a usufructuary, but as a guardian or administrator and (5)

when there is caucion juratoria

Article 584usufruct of door or of parents

The provisions of No. 2 of the preceding article shall not apply to the donor who has

reserved the usufruct shall not apply to the donor who has reserved the usufruct of the

property donated, or to the parents who are usufructuaries of their childrens property,

except when the parents contract a second marriage

Article 585Excused from inventory when no one will be injured thereby

The usufructuary, whatever may be the title of the usufruct, may be excused from theobligation of making an inventory or of giving security, when no one will be injured

thereby

The law says may, therefore the usufructuary is not always excused, the exemption

being dependent on the naked owner. (Paras, Civil Code Volume II Property, 16 th

Edition)

Article 586Effects of failure to give security

Should the usufructuary fail to give security in the cases in which he is bound to give

it, the owner may demand that the immovable be placed under administration, that the

movables be sold, that the public bonds, instruments of creadit payable to order or to

bearer be converted into registered certificates or deposited in a bank or publicinstitution, and that the capital or sums in cash and the proceeds of the sale of the

movable property be invested in safe securities.

The interest on the proceeds of the sale of the movables and that on public securities

and bonds, and the proceeds of the property placed under administration, shall belong

to the usufructuary.

Furthermore, the owner may, if he so prefers, until the usufructuary gives security or is

excused from so doing, retain in his possession the property in usufruct as

administrator, subject to the obligation to delivery to the usufructuary the net proceeds

thereof, after deducting the sums which may be agreed upon or judicially allowed him

for such administration

Effects of Failure to Give Security

On the Rights of the Naked Owner On the Rights of the Usufructuary1. He may delivery the property to

the usufructuary. (but even ifdelivery is made, the nakedowner may still demand security

2.

Or he may choose retention of the

1. The usufructuary cannot possessthe property unless he gives thesecurity

2.

The usufructuary cannotadminister the property


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property as administrator (wherethe usufructuary gets netproceeds, minus administrationexpenses, the amount of which tobe agreed upon by mutualagreement of fixed by the court)

3.

Or the naked owner may demandreceivership or administration (byanother) of the real property, saleof the movable, conversion or

deposit of credit instrument, orinvestment of cash or profits

3.

The usufructuary cannot collectcredits that have matured, norinvest them (unless the court orthe naked owner consents)

4. But the usufructuary can alienatehis right to the usufruct

Notes:

The receiver or administrator is entitled to administration expense

ARTICLE 587Caucion Juratoria

Caucion juratoria is promise under oath. It is a sworn duty to take good care of the

property and return the same at the end of the usufruct. It takes the place of the bond

or security and is based on necessity and humanity (Sanchez Roman)

The following are requisites before caucion juratoria is allowed: (1) proper court

petition, (2) necessity for delivery of furniture, implements or house included in the

usufruct (3) approval of the court (4) sworn promise

ARTICLE 588retroactive effect of the security given

After the security has been given by the usufructuary, he shall have a right to all

proceeds and benefits from the day on which, in accordance with the title constituting

the usufruct, he should have commenced to receive them

PARAS IllustrationIf the usufruct commences Jan 3 2003 but security is given Mar 3

2003, the usufructuary is entitled to all proceeds and benefits of the usufruct from Jan 3

2003)

ARTICLE 589- duty of usufructuary to take care of property

The usufructuaryshall take care of the things given in usufruct as a good father of a

family

In the exercise of prudent care, the usufructuary is required to make ORDINARY

REPAIRS (Article 592) and to notify the owner of urgency of EXTRAORDINARY

REPARIS (Article 593) and of any acts which may prove detrimental to ownership (Art.

610)

The usufructuary answers for the damage caused by the fault or negligence of his

alienee, agent, or lesee (Article 590)

Article 590liability of usufructuary for acts of the substitute

A usufructuary who alienates or leases his right of usufruct shall answer for any

damage which the things in usufruct may suffer through the fault or negligence of theperson who substitutes him

The usufructuary is made liable for the acts of the substitute. Thus, while the

substitute (fault, negligence, or even wilful deceit) answers to the usufructuary, the

usufructuary answers to the naked owner. Even when there is a sub-usufructuary, it is

still the usufructuary who answers to te naked owner for ordinary repairs, taxes on the

fruits, etc. (Paras quoting Manresa, Civil Code Volume II Property, 16 thedition)

Article 591Usufruct on Livestock

The article applies only when the usufruct is on a flock and herd of l ivestock

Obligation to replace No obligation to replace1.

If some animals die from naturalcauses

2.

Or if some animals are lost due torapacity of beasts of prey(replacement is based on theyoung produced)

1.

If there is a total loss of theanimals because of someunexpected or natural loss

2.

If there is a partial loss under thesame conditions

For sterile animals, the rule of usufruct over fungible applies.

Article 592Duty to make ordinary repairs

The usufructuary is obliged to make ordinary repairs needed by the thing given inusufruct.

By ordinary repairs are undersood such a are required by the wear and tear due to the

natural use of the thing and are indispensable for its preservation. Should the

usufructuary fault to make them after demand by the owner, the latter may make them

at the expense of the usufructuary.

Ordinary repairsare those required by the wear and tear due to the natural use of the

thing and are indispensable for its preservation. (see article 592)


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In order for the usufructuary to be responsible for ordinary repairs, the following:

1. They are required by normal or natural use

2.

They are needed for preservation

3. They must have occurred during the usufruct

4.

They must have happened with or without the fault of the usufructuary

Article 593Duty of naked owner to make extraordinary repairs

Extraordinary repairs shall be at the expense of the owner. The usufructuary is obligedto notify the owner when the need for such repairs is urgent.

Article 594 - Kinds of extraordinary repairs

"If the owner should make the extraordinary repairs he shall have a right to demand of

the usufructuary the legal interest on the amount expended for the time that the

usufruct lasts.

Should he not make them when they are indispensable for the preservation of the thing,

the usufructuary may make them; but he shall have a right to demand of the owner, at

the termination of the usufruct, the increase in value which the immovable may have

acquired by reason of repairs"

Kind of extraordinary repair ResponsibilityCaused by natural use but not needed forpreservation

Naked ownerHowever, Justice Paras citing Manresa,points out that the owner is not requiredby law to make them, nor can becombelled by the usufructuary to makethem (Paras, Civil Code Volume IIProperty, 16th Edition)

Caused by abnormal or exceptionalcircumstances and needed for preservation

Naked ownerThe owner cannot be compelled by theusufructuary to make them. However, theusufructuary is allowed to make them

with the right to get the increase in valueand the right of retention (until paid) atthe termination of the usufruct, providedthere was notification by the usufructuaryand failure to repair by the nakedowner(Paras, Civil Code Volume IIProperty, 16th Edition)

Caused by abnormal or exceptionalcircumstances but are not needed forpreservation

Naked ownerHe however is required nor can becompelled to make them because there isno necessity for preservation

The naked owner can demand from the usufructuary legal interest on the amount spent

for the extraordinary repairs for the duration of the usufruct because the usufructuary

has really benefited.

The usufructuary is allowed to make extraordinary repairs provided that there must be

due notification to the naked owner of its urgency, that the naked owner failed to make

them, and the repair is needed for preservation (Paras, Civil Code Volume II Property,

16th Edition)

The usufructuary, who has made extraordinary repairs, has the right to get the

increase in value or reimbursement of value and the right of retention until paid(Art

594 and Art 612)

Article 595 - Constructions, Improvements, and Plantings by the Naked Owner

"The owner may construct any works and make any improvements of which the

immovable in usufruct is susceptible, or make new plantings thereon if it be rural,

provided that such acts do not cause a diminution in the value of the usufruct or

prejudice the right to the usufructuary"

If because of the said construction or plantings, the value of the usufruct increases, theusufructuary does not have to pay legal interest on the improvement because it was a

voluntary act by the naked owner (Paras citing Manresa, Civil Code Volume II

Property, 16th Edition)

Quick notes (please fix this later on)

Article 596Charges or taxes the usufructuary must pay

Annual charges and taxes on fruits, annual taxes on land only when they can be

considered as lien on fruits, ordinary repairs, necessary cultivation expenses

Article 597Taxes which are imposed directly on capital

Article 599rule on usufruct of a matured credit

If the usufructuary has given security, collection and investment can be done without

approval of the court or the naked owner. The credit collected belongs to the owner but

the usufructuary gets its usufruct

Article 600usufruct of mortgaged immovable


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The usufructuary of a mortgaged immovable shall not be obliged to pay the debt for the

security of which the mortgage was constituted.

Should the immovable be attached or sold judicially for the payment of the debts, the

owner shall be liable to the usufructuary for whatever the latter may lose by reason

thereof.

Article 601Notification by the usufructary is required

The usufructuary is required to notify the owner, when a third party comits actsprejudicial to the rights of ownership, if urgent repairs are needed, or if an inventory is

to be made

Article 602liability for expenses and cost is suits

The expenses, costs and liabilities in suits brought with regard to the usufruct shall be

borne by the usufructuary

EASEMENT

LEGAL EASEMENT

General Provisions

Art 634

Easements imposed by law have for their object either public use or the interest of

private persons

Difference Kinds of Legal Easements (WRP LDI EL)

Water, Right of way, Party Wall, Light and View, Drainage, Intermediate Distance,

Easement against Nuisance, Lateral and Adjacent Support

Art 635How PUBLIC OR COMMUNAL easements are governed

All matters concerning easements established for public or communal use shall be

governed by the special laws and regulations relating thereto, and, in the absence

thereof, by the provisions of this title

Art 636How legal easements for PRIVATE INTERESTS are governed

Easements established by law in the interest of private persons or for private use shall

be governed by the provisions of the title WITHOUT PREJUDICE to the provisions of

general or local laws and ordinances for the general welfare.

These easements may be modified by agreement of the interested parties, whenever the

law does not prohibit it or no injury is suffered by a third person

EASEMENT RELATING TO WATERS

Article 637Natural Drainage of Lands

Lower estates are obliged to receive the waters which are naturally and without the

intervention of man descend from higher estates, as well as the stones or earth which

they carry with them

The owner of the lower estate cannot construct works which will impede this easement

neither can the owner of the higher estate make works which will increase the burden

Rights of the lower estate

-

Waters (which naturally and without the intervention of man descends from

higher estates)

- Stones and earth (carried by the waters)


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Servient Estate (Thatwhich is subject thereto)

Dominant Estate (Theimmovable in which theeasement is established)

Duties -

The owner cannotconstruct worksthat would impedethe easement (Art.637)

-

He cannot makeworks which willincrease theburden (Art. 637)

Allowed - But he may

regulate or controlthe descent ofwater (Art. 113,Law of Waters).However, shouldhe really cause anobstruction, theeasement may beextinguished, bynon-user andbarred byprescription if theaction to destroy isthe constructedwork is broughtafter more than 10years

- But he may

construct workspreventing erosion(Art 114, Law ofWaters

-

If the descendingwaters are theresult of artificialdevelopment orproceed fromindustrialestablishmentsrecently set up, orare the overflowfrom irrigationdams, the owner ofthe lower estateshall be entitled tocompensation forhis loss or damage

Article 638Easement Along Riparian Banks

The banks of rivers and streams, even in case they are of private ownership, are

subject throughout their entire length and within a zone of three meters long their

margins, to the easement of public use in the general interest of navigation, floatage,

fishing and salvage.

Estates adjoining the banks of navihble or floatable rivers are furthermore, subject to

the easement of tow path for the exclusive service of river navigation and floatage.

If it be necessary for such purpose to occupy lands of private ownership, the proper

indemnity shall first be paid

Allowed easements on river banks (NFFS)Navigation, floatage, fishing, salvage

Easement of SIRGAeasement of tow path

For easements along riparian banks, indemnity shall be paid if the land is of private

ownership.

Article 639Easement concerning a dam

Whenever for the diversion or taking of water from a river or brook, or for the use of

any other continuous or discontinuous stream, it should be necessary to buidl a dam,

and the person who is to construct it is not the owner of the banks, or lands which mustsupport it, he may establish the easement of abutment of a dam, after the payment of

the proper indemnity

The government should have first investigated and no one should take the law in his

own hands

Article 640Easements for Drawing Water or for Watering Animals

Compulsory easements for drawing water or for watering animals can be imposed only

for reasons of public use in favour of a town or village, after payment of proper

indemnity

Easements for drawing water or for watering animals can only be imposed for reasonsof public use or in favour of a town or village and that proper indemnity must be paid

Article 641easement for drawing water or for watering animals include an accessory

easement of right of way

Easements for drawing water and for watering animals carry with them the obligation

of the onwers of the servient estates to allow passage to persons and animals to the

place where such easements are to be used, and the indemnity shall include this

service

Easement for drawing water or for watering animals include an accessory easement of

right of way (Art. 641)

Requirement

- For Public Use

-

In favour of a town or a village

- The right must be sought by the town or village, or its legal representation

- There must be payment for proper indemnity


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-

The right of way should have a maximum width of 10 meters, which cannot be

altered by the owners of the servient estates although the direction of the path

may indeed be changed, provided that the use of th easement is not prejudiced

Article 642Right to acquire the easement of aqueduct

Article 643Four requisites for the easement of aqueduct

Article 645Right of owner of servient estate to close or fence the aqueduct

Article 646Easement of Acqueduct

For legal purposes, the easement of aqueduct shall be considered as continuous and

apparent, even though the flow of water may not be continuous, or its use depends upon

the needs of the dominant estate, or upon a schedule of alternate days or hours

property reviewer recit guide - usufruct

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